Friday, December 7, 2007

Trademarks: The Triple test for examining the qualification of a mark to be registered

Two applications filed for the registration of the designed word "Valentino" and the designed sign "V".
The Commissioner rejected the applications due to their similarity to already registered marks of the company Valentino S.P.A. (hereafter: the registered marks).
The Commissioner held that the registered marks were classified within categories related to fashion, the same as requested for the filed marks.

The Triple test for examining whether a mark is confusingly similar to another includes three factors: 1. the sound and appearance, 2. the type of customers and merchandise used and 3. other circumstances.

According to those factors, the marks filed are confusingly similar to the registered marks (and the fact the word "Jeans" was added to them does not detract from their similarity as this word is Generic). In addition, the word "Valentino" is a key word within well known marks. Finally, other factors show that selecting the mark was not coincidental but an attempt to copy the famous known mark with intent to confuse the public. In fact it was showed that a photo the taken from one of the publication of the registered marks and was altered in anon professional way. As for the question of good faith is selecting the filed marks, this question can be discussed but it is obvious that coping a well known mark demonstrates that the applicant had an intent to confuse the public with the filed marks.

Turbo Tecstile – Ex- parte decision.

Yaara Shoshani
Appelfeld Zer Fisher


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